On The Principle Of Evidence In Criminal Proceedings The Judge

The modern various countries has already established the evidence referee principle generally in its criminal prosecution law or in the legal practice, but in our country criminal prosecution legal regime has not yet established this principle actually. Not only that, the educational world is also inconsistent to the meaning of the evidence referee principle. The author thought the evidence referee principle must include the following two meanings in the criminal prosecution. First, recognizing the facts must rest on the evidence with evidence ability that has already passed through the legal program investigation. Second, we can't recognize the related facts without the connected evidence. The evidence referee principle experienced from the dim evidence referee principle spirit in ancient impeachable lawsuit pattern to the preliminary formation of the evidence referee principle in the inquisitional proceedings, and then to the gradually consummation developing process in the adversary proceeding. This process manifested the people's understanding of the goal to safeguarding human rights and the independent value of the due process in the criminal prosecution has developed gradually and profoundly, and also has manifested the progress in the human rationality development. In order to understanding the evidence referee principle correctly, we need to carefully examine the evidence and evidence ability again. The subject of the evidence referee can only be the judge, and the coverage of the evidence referee not only includes the substantive law fact, but also includes the procedural law fact. It doesn't include all facts, the estimate and the judicial cognition, the matter of confessing can be the exception of the evidence referee principle. In addition, we need to make clear the relationship between the evidence referee principle with the certificate standard, the certificate responsibility and the certificate method. Speaking of the value, the evidence referee principle has manifested fairly, valuable and so on. But in order to establish the evidence referee principle in the criminal prosecution, we need to exert ourselves to two aspects-—the criminal prosecution system and the evidence rule. Our country's criminal prosecution system has manifested the evidence referee principle request in many aspects, but truly established this principle by no means. There are many deficiencies and the establishment of the evidence referee principle needs to aim at these deficiencies to carry on consummates unceasingly.